B.
Words used in the present tense shall include the
future tense.
C.
Words in the singular shall include the plural, and
words in the plural shall include the singular.
D.
Words in the masculine shall include the feminine
and the neuter.
E.
The word "shall" or "must" is mandatory.
F.
The word "may" is permissive and the word "will" is
directory.
G.
The word "person" includes "individual," "corporation,"
"partnership," "organization," "association," "trust" or other similar
entities.
H.
The words "used for" include "designed for," "arranged
for," "intended for," "maintained for" or "occupied for."
I.
The word "building" shall be construed as if followed
by the phrase "or part thereof."
J.
Any word or term not defined herein shall be used
with a meaning of standard usage.
Terms or words used in this chapter, unless
otherwise expressly stated, shall be construed as defined below. When
terms, phrases or words are not defined, they shall have their ordinarily
accepted meanings or such as the context may imply.
Any inoperable vehicle lacking a currently effective state
license or inspection sticker.
The state of being side by side, next to or adjoining one
another.
An improved cartway or paved service road designed to provide
vehicular access between the public road and the off-street parking
area for the designated use.
A clearly defined point of ingress and egress for vehicles
at the street line.
A building subordinate to the principal building on a lot
and used for purposes customarily incidental to those of the principal
use.
A subordinate use of a portion of a lot which is customarily
incidental to the main or principal use of land or of a building on
a lot.
43,560 square feet.
The Pennsylvania Municipalities Planning Code, as amended
and codified in 53 P.S., § 10101.
The Pennsylvania Municipalities Planning Code, as amended
and codified in 53 P.S., § 10101.
A special overlay district established to permit the planned reuse, division and/or redevelopment of existing buildings, structures and land areas within certain zoning districts, subject to the requirements of § 155-45 of the Caln Township Code.
The state of being side by side, next to or adjoining one
another.
An establishment primarily engaged in overall management
and supervisory functions, such as executive, personnel, finance,
legal and sales activities, typically performed in a single location
or building for other branches or divisions of the same company.
The average number of vehicles that pass over a given point
per day.
A unified planned residential development servicing the housing,
personal needs and care of older persons, who are generally 55 years
of age or older, within residential units, and as further defined
in this chapter of the Code. This use is intended to provide housing
opportunities for older persons in accordance with the Fair Housing
Act.
Any adult arcades, adult bookstore, adult cabaret, adult
theater, adult mini motion-picture theater, adult novelty stores,
adult video stores, escort agencies, nude model studios, sexual encounter
centers, nontherapeutic massage parlor or other similar adult business
uses or adult entertainment uses, whereas, under the provisions of
the Caln Township Code and the State Obscenity Code, as amended, must
exclude minors or may not knowingly disseminate to minors. The following
subdefinitions shall also apply to adult business uses or adult entertainment
uses:
ADULT ARCADE or MINI MOTION-PICTURE THEATERAn enclosed building offering video presentations distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons within private viewing booths and/or by use of token, coin-operated viewing booths, projectors, video machines or other electronic media sources projectors, as defined by the Caln Township Code and/or the State Obscenity Code, as amended.
ADULT BOOKSTORE and ADULT NOVELTY STOREA commercial establishment having as a substantial or significant portion of its stock in trade (for sale or rental) books, magazines, periodicals, photographs, films, videos, motion pictures, slides or similar materials, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined by the Caln Township Code and/or the State Obscenity Code, as amended. An adult bookstore and/or adult novelty store may include the sale of instruments, devices, novelties or paraphernalia which are designed for the use in connection with specified sexual activities.
ADULT CABARETA nightclub, bar, club, restaurant, tavern, theater or similar commercial establishments which features: persons who appear in the state of nudity or seminudity; live performances which are categorized by the exposure of specified sexual activities or specified anatomical areas; and/or films, motion pictures, videocassettes, slides or other photographic reproductions which are categorized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT ESTABLISHMENTAn adult business use and/or an adult entertainment use as permitted under the Caln Township Code.
ADULT THEATERA theater, concert hall, auditorium, business or similar commercial establishment which features: persons who appear in the state of nudity or seminudity; live performances which are categorized by the exposure of specified sexual activities or specified anatomical areas; and/or films, motion pictures, videocassettes, slides or other photographic reproductions which are categorized by the depiction or description of specified sexual activities or specified anatomical areas.
ESCORTA person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie, or to privately perform a striptease for another person.
ESCORT AGENCYA person or business association who or which furnishes, offers or advertises to furnish escorts for a fee, tip or other consideration as part of its business.
NUDE MODEL STUDIOAny place where a person who appears seminude, in a state of nudity or displays specific anatomic areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons, who may pay money or any other form of consideration.
NUDITY or OF NUDITYThe showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage; the showing of the female breast with less than fully opaque covering of any part of the nipple; the showing of the covered male genitals in a discernibly turgid state; or as defined by the Commonwealth of Pennsylvania.
SEMINUDE or SEMINUDE CONDITIONThe state of dress in which clothing partially or transparently covers or exposes specified anatomical areas.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that as one of its principal business purposes offers for any form of consideration: physical contact in the form of wrestling or tumbling between persons of the opposite sex; activities between male and female persons and/or persons of the same sex when one or more of the persons is in the state of nudity or seminudity; any violation on the activity popularly denominated as "mud wrestling; or any sexual encounter activities defined by the Commonwealth of Pennsylvania.
SEXUALLY ORIENTED BUSINESSAny adult business or entertainment use.
SPECIFIC ANATOMICAL AREASHuman genitals, pubic region, anus, buttocks, female breasts(s) below a point immediately above the top of the areola or human male genitals (covered or uncovered) in a discernibly turgid state, or as defined by the Commonwealth of Pennsylvania.
SPECIFIED SEXUAL ACTIVITIESActivities including: the fondling or other erotic touching of human genital, pubic region, buttocks, anus or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; excretory functions as part of or in connection with any of the sexual activities set forth in this Code; or any specified sexual activities defined by the Commonwealth of Pennsylvania.
OBSCENITY CODE Section 5903, Title 18, Pennsylvania Consolidated Statutes, as amended.
A facility which provides supervision and/or instruction
on a daily basis for one or more individuals who have a physical or
mental disability who are not related to the caregiver or operator,
where tuition, fees or other forms of compensation are charged, whether
governmentally subsidized and/or licensed and whether operated for
profit or not for profit. An adult training facility shall also be
considered as an adult day-care facility.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry.
The cultivation of the soil and the raising and harvesting
of the products of the soil, including but not limited to nursery,
horticulture, forestry and animal husbandry. This chapter of the Code
outlines the limitations for general agricultural activities. These
limitations shall not disrupt any of the rights and privileges established
under the Pennsylvania Agricultural Security Act, as amended.
Specialized agricultural activities, including but not limited
to mushroom, egg and poultry production, and dry lot livestock production,
which due to the intensity of production or raw material storage needs,
necessitate special control of operation, raw material storage and
processing, and disposal of liquid and solid wastes. Intensive agricultural
activities shall also include general agricultural activities exceeding
the standards and specifications outlined under this chapter. This
chapter also outlines the limitations for intensive agricultural activities.
These limitations shall not disrupt any of the rights and privileges
established under the Pennsylvania Agricultural Security Act, as amended.
Soils which have been formed in alluvium and deposited by
past stream or flooding conditions.
Soil material such as sand, silt or clay that has been deposited
on land by past stream or flooding conditions.
Any change or rearrangement in the structural parts or in
the existing facilities of a building or structure, such as bearing
walls, columns, beams, girders, joists, rafters, headers or enclosed
walls, or any enlargement or modification thereof, whether by extension
on any side or by an increase in height, or the moving of such building
from one location or position to another, or any other change of use
of a building or a lot.
A professional veterinary establishment used for the diagnosis,
care and treatment of ailing or injured animals, which may include
overnight accommodations. The overnight boarding of healthy animals
shall be considered a kennel.
The raising and keeping of livestock and poultry for any
commercial purpose. The keeping of livestock and poultry as domestic
pets as defined within the Caln Township Code shall not be considered
as animal husbandry.
[Amended 12-3-2015 by Ord. No. 2015-06]
Farm animals or livestock equaling 1,000 pounds per animal
unit.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc), microwave
antenna, whip antenna or any other wireless antenna. An antenna shall
not include tower-based wireless communications facilities defined
herein.
[Amended 11-20-2014 by Ord. No. 2014-04]
The vertical distance measured from the base of the antenna
support structure at grade to the highest point of the structure.
If the support structure is on a sloped grade, then the average between
the highest and lowest grades shall be used in calculating the antenna
height.
Any pole, telescoping mast, tower, tripod or any other structure
which supports a device used in the transmitting or receiving of radio
frequency energy.
A commercial establishment for the sale of antiques such
as clocks, lamps, clothing, rugs, jewelry, furniture and similar items.
A single building on a single lot which contains at least
three dwelling units which may be separated horizontally and/or vertically.
[Added 10-10-2013 by Ord. No. 2013-07]
A group of two or more apartment buildings built on a lot
or lots which shall also include common amenities and recreational
facilities for the use of the apartment residents, such as but not
limited to office space for uses associated with the apartment development,
swimming pools, fitness rooms, recreational areas, open space and
common parking areas.
[Added 10-10-2013 by Ord. No. 2013-07]
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
The Caln Township Board of Commissioners.
An architect registered by the Commonwealth of Pennsylvania.
Any number of electrically connected photovoltaic (PV) modules
providing a single electrical output.
[Added 9-12-2013 by Ord. No. 2013-06]
A residential facility for the housing and care of elderly,
frail or disabled persons.
That part of a building, which is immediately below and wholly
or partly within the roof framing.
A commercial establishment where goods are sold at auction,
including space devoted to sales and storage, off-street loading and
unloading spaces and all off-street parking spaces.
Any building or land area devoted to leasing of vehicles.
Such use shall not permit the retail sale of vehicles.
[Added 6-8-2017 by Ord.
No. 2017-01]
Any building or land area devoted to the sale of new or used
vehicles, including customary service and repair facilities within
an enclosed building.
Any building or land area devoted to the repair, servicing,
restoration, reconstruction and maintenance of vehicles, including
the retail sale of gasoline, motor oil, car washes, batteries and
other similar vehicular accessories.
A commercial school carried on as a business for the vocational
teaching and training of a trade or skill in the automotive field.
[Added 10-30-2008 by Ord. No. 2008-9]
That portion of a building that is partly or completely below
the grade plane. A basement shall be considered a story above grade
plane when the finished surface of the floor above the basement is
as follows: more than six feet above the grade plane; more than six
feet above the finished ground level for more than 50% of the total
building perimeter; and/or more than 12 feet above the finished ground
level at any point.
The use and occupancy of a single-family detached dwelling
for the purpose of accommodating transient guests for compensation
or rent up to a maximum of 10 consecutive days.
A tract of land or a lot or group of lots bounded by streets,
public parks, railroad rights-of-way, watercourses or bodies of water,
boundary lines of the Township, or by any combination of the above.
The Board of Commissioners of the Caln Township, Chester
County, Pennsylvania.
The Board of Commissioners of Caln Township, Chester County,
Pennsylvania.
The use and occupancy of a single-family detached dwelling
for the purpose of accommodating four or less transient guests for
rent or compensation.
A continuous strip of land which is clear of all buildings
and paved areas and is adequately landscaped in accordance with this
chapter.
Any combination of material forming any structure, which
is erected on the ground and permanently affixed thereto, whereas
the framed components or structural parts are designed for the complete
enclosure (with walls and a roof) and support for individuals, animals
or property of any kind.
The total area taken on a horizontal plane at the main grade
level of all primary and accessory buildings on a lot, excluding unroofed
porches, paved terraces, steps, eaves and gutters, but including all
enclosed extensions.
The percentage of a lot covered by principal and accessory
buildings.
The area of a lot that has no building or construction restrictions
such as building set back requirements, rights-of-way, easements,
floodplains, wetlands, steep slopes or similar restrictions as defined
in this chapter.
The front of a building considering the location of the main
entrance and the public street providing access. For corner lots,
the building frontage shall be established along both streets to which
the building has frontage or access.
The vertical distance measured from the grade plane to the
average roof height, as further defined by the appropriate building
codes adopted by Caln Township.
A solar photovoltaic system that is constructed as an integral
part of a principal or accessory building or structure and where the
building-integrated system features maintain a uniform profile or
surface of vertical walls, window openings, and roofing. Such a system
is used in lieu of a separate mechanical device, replacing or substituting
for an architectural or structural component of the building or structure
that appends or interrupts the uniform surface of walls, windows openings
or roofing. A building-integrated system may occur within vertical
facades, replacing view glass, spandrel glass or other façade
material; into semitransparent skylight systems; into roofing systems,
replacing traditional roofing materials; or other building or structure
envelope systems.
[Added 9-12-2013 by Ord. No. 2013-06]
The measurement of a building in one general direction.
A solar photovoltaic system attached to any part or type
of roof on a building or structure that has an occupancy permit on
file with the Township and that is either the principal structure
or an accessory structure on a lot. This system also includes any
solar-based architectural elements.
[Added 9-12-2013 by Ord. No. 2013-06]
The minimum distance a building or structure must be set
back from the ultimate street right-of-way line (where it exists)
or from the street legal right-of-way line (where the ultimate right-of-way
does not exist) of the street immediately adjacent thereto.
The line within a property establishing the minimum required
distance between any building or structure, or portions thereof, to
be erected or altered and a street right-of-way (except the right-of-way
of a service street). The distance shall be measured at right angles
from the street right-of-way line which abuts the property, and the
building setback line shall be parallel to said right-of-way line.
The diameter of a tree trunk, as measured 54 inches from
the ground surface.
A plot of ground upon which two or more campsites are located
for occupancy, regardless whether a fee has been charged for the occupancy
of such space.
A tent or camping vehicle located on a campsite.
A plot of ground within a campground for the use of a single
camping unit.
A conservation overlay of land and water, which are generally underlain by geological features with limestone and dolomite characteristics, as categorized and defined under § 155-38 of the Code.
A building open on two or more sides and used in association
with a dwelling for the storage of private motor vehicles.
The portion of a street right-of-way, whether paved or unpaved,
designed for vehicular use.
The smallest basic solar electric device which generates
electricity when exposed to light.
[Added 9-12-2013 by Ord. No. 2013-06]
A story partly below the finished grade, having at least
1/2 of its height (measured from finished floor to finished ceiling)
below the average level of the adjoining finished grade where such
grade abuts the exterior walls of the building. A cellar shall not
be considered a story in determining the permissible number of stories.
Land used or intended to be used for the burial of human
remains and may include columbariums, crematoriums, mausoleums and
mortuaries when operated in conjunction with and within the boundary
of such cemetery.
A statement issued and enforced by the Zoning Officer, whereas
upon the completion, conversion, extension or modification of a new
building or existing building, a certificate of compliance is issued
and signed by the Zoning Officer, and the building can be lawfully
occupied for the intended use or activity.
An institution, organization or group which is organized
and operated for a charitable, educational, religious or philanthropic
purpose and which is not intended to make profits.
[Added 8-10-2006 by Ord. No. 2006-9]
An individual considered by law to be a minor that is under
the age of a person who is under 18 years of age. For the purposes
of a day-care center or facility, a child shall be considered any
person who is under 15 years of age.
A building used for public worship by a congregation, excluding
buildings used primarily for residential, educational, burial, recreational
or other uses not normally associated with worship.
An area of unobstructed vision at a street intersection defined
by a line of sight between points at center lines, as defined by the
Caln Township Code.
An association of persons for some common nonprofit activity,
not including groups organized primarily to render a service which
is customarily carried on as a business.
PRIVATE CLUB or COUNTRY CLUBLand and buildings containing private or semiprivate recreation facilities, social quarters, restaurants, meeting rooms, banquet facilities, bars, taprooms and similar uses for the exclusive use of the members and their guests.
SOCIAL CLUB or LODGELand and buildings containing recreation facilities, social quarters, restaurants, meeting rooms, banquet facilities, bars, taprooms and similar uses owned and operated by nonprofit organizations for the exclusive use of the members or guests.
An alternative development method wherein structures are
arranged in closely related groups, reducing lot sizes, preserving
land for open space and permitting innovative site design.
The placement or installation of a new wireless communication
facility on previously approved and constructed wireless support structures,
including self-supporting or guyed monopoles and towers, electrical
transmission towers, water towers or any other structure not classified
as a wireless support structure that can support the placement or
installation of a wireless communication facility if approved by the
Township. The term includes the placement, replacement or modification
of accessory equipment within a previously approved equipment compound.
[Added 9-12-2013 by Ord. No. 2013-06; amended 11-20-2014 by Ord. No. 2014-04]
A commercial use, whereas a lot or parcel of land are temporarily
occupied by more than two campsites during specified seasons, including
tents and recreation vehicles, as defined by the Caln Township Code.
A building or portion thereof where vehicles are cleaned
manually or by using a conveyor, blower, steam-cleaning equipment,
or other devices. Car washes may be self-service, full service or
fully automated and may include car detailing.
[Added 3-30-2023 by Ord. No. 2023-04]
A commercial use involving the accumulation of biodegradable
and organic materials from approved uses, including: mushroom production
uses; municipal uses; landscaping uses; nursery uses; forestry uses
and other similar uses, as determined appropriate by Caln Township;
whereas the composted materials are packaged, processed and/or transported
from the commercial composting facility and utilized for other applications.
A permitted commercial use, where the patrons have the option to be provided services without leaving their vehicle, as allowable within certain zoning districts in accordance with the provisions of § 155-79 of this chapter of the Code. A car wash shall not be considered a commercial drive-through establishment.
[Amended 3-30-2023 by Ord. No. 2023-04[
A use or activity operated as a business that is open to
the public for the purpose of recreation and entertainment, including
but not limited to, bowling alleys, health or fitness clubs, swimming
pools, miniature golf courses, museums, theaters, amusement arcades
and other similar commercial recreational uses as determined by the
Zoning Officer.
An educational facility carried on as a business and not
operated by a public agency. The range of curriculums can include,
but not be limited to, academic instruction, business, technical programs,
art, music, dance, language and other similar commercial school uses
as determined by the Zoning Officer.
A use or activity that includes, but is not limited to, retail
sales, businesses, offices, personal services, banks, financial institutions,
restaurants, communications, recreation and other similar commercial
uses as determined by the Zoning Officer. A massage business and the
practice of massage therapy shall not be considered a commercial use.
[Amended 11-29-2018 by Ord. No. 2018-10]
The use of naturally occurring water when 5,000 gallons or
more of such water is used on site per day or when 5,000 gallons or
more of such water is exported or transported for use off site. "Naturally
occurring water" shall mean all water above and below the ground surface.
Any motor vehicle utilized for a business or trade activity
of any kind, including construction, excavating, earthmoving equipment
or similar equipment, regardless of the use, excluding a Class I and
II motor vehicle, which is properly licensed by the Commonwealth of
Pennsylvania.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development, designed and intended for
use or enjoyment of all residents of the development in which it is
located. Common open spaces shall not include: land areas within street
rights-of-way; required open areas between buildings; between buildings
and street rights-of-way, driveways and parking areas; and other areas
that may be specified within this chapter. No dwelling unit, accessory
building or parking area may be located within common open spaces.
A parking facility other than those provided within the lot
lines of a lot on which one single-family detached dwelling, one single-family
semidetached dwelling or one townhouse is located.
A wall used or adopted for joint service between two buildings
or parts thereof.
A public or quasi-public municipal, institutional or recreational
use devoted exclusively to accommodate one or more group activities,
including but not limited to, civic, social, recreational, educational
or cultural or other similar activities determined appropriate by
the Zoning Officer, and provided that the community center is properly
maintained and is not utilized as a residential use.
The act of bringing to a condition of physical completeness
and readiness for use and occupancy.
The Caln Township Comprehensive Plan, or any part thereof,
last updated and adopted by the Caln Township Board of Commissioners
in December of 2003.
A use in a particular zoning district by approval of the
Board of Commissioners in accordance with the specific criteria set
forth in this chapter of the Code.
A facility utilized for meetings and seminars, with accommodations
for meeting rooms, food preparation, social quarters, restaurants,
banquet facilities, bars, taprooms, recreation facilities, entertainment,
overnight accommodations and similar uses.
Overlay provisions established to consider conservation management,
environmental resource protection, natural resources and open space
preservation. These provisions are intended to supplement and enhance
the existing underlying zoning district regulations for certain land
areas and water features, including: floodplains; wetlands and hydric
soils; steep slopes; woodlands; and carbonate geological formations.
The preservation and utilization of land and surface water
as wildlife habitats, forests, farmland, meadows, wetlands, lakes,
streams, rivers and other similar uses or features that involve no
site improvements other than those required for education, recreation
or municipal uses.
An agreement or correspondence between matters being compared,
which denotes a reasonable rational, similar connection or relationship.
The placement of materials and equipment in a defined area
to be assembled, built, applied and/or demolished in a temporary or
permanent manner, as approved by the designated officials of Caln
Township.
The total necessary land area required for all buildings
or uses within a unified development before a zoning permit may be
issued.
A commercial use which involves offices and/or the storage
of supplies, equipment, machinery and materials for contractors and
tradesmen such as builders, masons, carpenters and landscapers. Such
use does not include retail sales of products or materials.
[Added 2-22-2018 by Ord.
No. 2018-04]
A building containing sleeping rooms used by persons who
are lodged and furnished with meals and are provided with needed support
and recovery services, including the availability of basic nursing
care. Such a facility may or may not include skilled nursing or medical
care. This definition shall be limited to facilities licensed by the
Commonwealth of Pennsylvania as a convalescent home, nursing center,
rehabilitation center or personal care center.
An area of land, together with a building of not less than
4,000 square feet in gross floor area and not more than 10,000 square
feet in gross floor area, which is opened to the general public for
up to 24 hours per day, owned and operated by one entity, and designed
and intended to be utilized for the retail sale within the building
of limited food items, beverages, newspapers, magazines and incidental
personal care items (but excluding the sale of prescription drugs
and clothing) and the location within the building of ATM banking
machines for the convenience of the general public, and the retail
sale of fuel outside of the building when dispensed from fueling positions
located under a canopy.
[Amended 6-8-2017 by Ord.
No. 2017-01; 7-13-2017 by Ord. No. 2017-02]
To change or adapt land or structures to a different use,
occupancy or purpose.
The County of Chester, Commonwealth of Pennsylvania.
The Chester County Planning Commission.
A portion of a lot unoccupied above grade but partially or
wholly surrounded by the walls of a structure or buildings.
An area of land or water with one or more of the following
characteristics: steep slopes; floodplain; wetlands; hydric soils;
high water table soils; land subject to hazardous, municipal or industrial
waste; fault areas; sinkholes; stream corridors; estuaries; and habitats
of endangered species.
A proposed zoning amendment made to the Board of Commissioners
by any landowner/applicant who desires to challenge on substantial
grounds the validity of an ordinance which prohibits or restricts
the use or the development of land in which the landowner/applicant
has an interest.
The edge of the cartway.
The offering of care or supervision to minors or adults with
special needs. The following subcategories are related to day-care
centers and facilities:
ADULT TRAINING FACILITYA facility which provides supervision and/or instruction on a daily basis for one or more individuals who have a physical or mental disability who are not related to the caregiver or operator, where tuition, fees or other forms of compensation are charged, whether governmentally subsidized and/or licensed and whether operated for profit or not for profit. An adult training facility shall also be considered as an adult day-care facility.
CHILD DAY-CARE CENTERA facility which, on a daily basis, exclusively provides supplemental parental care and supervision and/or instruction to seven or more children simultaneously, who are not related to the caregiver or operator, where tuition, fees or other forms of compensation are charged, whether governmentally subsidized or not, and which is licensed or approved to dispense child care by the Commonwealth of Pennsylvania, and whether operated by a for-profit entity or a not-for-profit entity.
CHILD GROUP DAY-CARE HOMEA building in which child day care is provided for more than six but fewer than 16 school-age-level children, or more than six but fewer than 13 children of another age, who are unrelated to the operator. Such property shall have outdoor play area in the rear of the property of sufficient size to accommodate 11 children at once which shall be enclosed with at least a four-foot-high continuous fence and self-latching gate.
[Amended 12-17-2007 by Ord. No. 2007-15]
FAMILY DAY-CARE HOMEA building used principally as a residence by one adult caregiver resident thereof in which child day care is provided simultaneously to four, five or six children who are unrelated to the resident caregiver. Such residential property shall have an outdoor play area in the rear of the property of sufficient size to accommodate six children at once which shall be enclosed with at least a four-foot-high continuous fence and self-latching gate.
An open or partially enclosed area of a residential use which
is constructed in accordance with the Caln Township Code and is occupied
for seasonal activities.
The deliberate appropriation of land by its owner for general
public use.
A written document whereby an estate in real property is
described, conveyed and recorded.
Clauses included in a deed or other recorded document which
restricts, controls or limits the general use of a defined parcel
of land.
The number of residential dwelling units per acre or lot
area.
The area designated as common open space within a residential
development, containing open areas for recreational uses and natural
resource conservation.
Any landowner, agent of such landowner, equitable owner or
tenant with the permission of the landowner for whom subdivision or
land development plans are being or have been made.
Any man-made change to improved or unimproved land, including
but not limited to buildings or other structures, the installation
of utilities, filling, grading, paving, excavation, mining, dredging
or drilling operations.
A proposal for the development of land, prepared in accordance
with the Caln Township Code, including a plan for subdivision or land
development, all covenants relating to use, location and bulk of buildings
and other structures, intensity of use or density of development,
streets, ways and parking facilities, common open space and public
facilities. The phrase "provisions of the development plan" when used
in this chapter shall mean the written and graphic materials referred
to in this definition.
A building occupied as a commercial establishment for the
purposes of serving food as a restaurant and entertaining patrons
with live on-stage theatrical performances, which are considered not
to be an adult business or adult entertainment use.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health to
dispense medical marijuana.
[Added 6-8-2017 by Ord.
No. 2017-01]
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
[Added 11-20-2014 by Ord.
No. 2014-04]
A portion of the Township within which certain uniform regulations
and requirements, or combinations thereof, apply under the provisions
of this chapter.
Domesticated animals normally kept in or in conjunction with
a dwelling unit for the pleasure of the resident family, such as dogs,
cats, small birds, gerbils and other similar pets normally sold by
retail pet stores.
[Amended 12-3-2015 by Ord. No. 2015-06]
The outermost edge of a roof including eaves, overhangs and
gutters.
[Added 9-12-2013 by Ord. No. 2013-06]
A commercial establishment, whereas the patrons are provided
specialty services without leaving their vehicle, as defined within
this chapter.
A privately owned and constructed access drive, providing
vehicular access between a public road or an approved private road
into the lot or parcel having frontage on the road.
A site utilized for the disposal, abandonment, dumping, burial,
incineration, burning or other means of discarding garbage, trash,
junk, vehicles, automobile parts or other forms of waste.
A building or structure or portion thereof arranged, intended,
designed or used as the living quarters for one or more families living
independently of each other. Such buildings as hospitals, hotels,
boarding, rooming, lodging houses, nursing homes, motels and institutional
residences are not included in the definition of dwelling. The following
dwelling types are further defined as follows:
SINGLE-FAMILY DETACHED DWELLINGA building arranged, intended or designed to be occupied exclusively as a residence for one family and having no common wall with an adjacent building.
SINGLE-FAMILY SEMIDETACHED DWELLINGA building arranged, intended or designed to be occupied exclusively as a residence for two families, one family living on each side of a vertical common wall.
TWO-FAMILY DETACHED DWELLING (DUPLEX)A building arranged, designed or intended for occupancy of two families, living independent of each other in separate dwelling units that are separated by horizontal floors as opposed to vertical walls.
MULTIFAMILY DWELLINGAn apartment building.
[Amended 7-28-2011 by Ord. No. 2011-06]
TOWNHOUSEA building arranged, designed and intended to be occupied exclusively as a residence for one family, which is one of a group of three or more such buildings, placed side by side and separated by unpierced vertical common walls, each dwelling having at least one separate entrance from the outside.
APARTMENT BUILDINGA building or group of buildings with common ownership on a lot containing three or more dwelling units. A multifamily dwelling.
[Amended 7-28-2011 by Ord. No. 2011-06]
CONDOMINIUMReal estate, portions of which are designated for separate ownership and the remainder of which is designated for common open space solely for the owners of those portions, created under either the Pennsylvania Unit Property Act, as amended, or the Pennsylvania Uniform Condominium Act, as amended. [1]
MOBILE HOMEA transportable, single-family dwelling constructed in accordance with the specifications of the Commonwealth of Pennsylvania intended for permanent occupancy contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MODULAR or MANUFACTURED HOMEAny structure designed primarily for residential occupancy, which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on the building site. Housing units defined as mobile homes are excluded from this definition.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A defined parcel area of land or right-of-way which is granted
or conveyed for the limited use of land for public, quasi-public or
private purposes.
The use of a building, structure or property for the purpose
of educating, teaching or instructing six or more individuals at any
one time from kindergarten through the 12th grade. This term shall
not include those uses defined as day-care center or facility, higher
learning institution, trade school, or automotive trade school.
[Amended 10-30-2008 by Ord. No. 2008-9]
An assemblage of equipment for purposes other than generation
or utilization through which electric energy in bulk is passed for
the purpose of switching or modifying its characteristics to meet
the need of the general public.
The horizontal alignment of a surface above mean sea level
as it exists in predevelopment conditions or as it is proposed in
postdevelopment conditions.
CENTER LINE ELEVATIONThe elevation of the street at the midpoint of the street.
CURB ELEVATIONThe elevation of the street at the curbline.
FIRST FLOOR ELEVATIONThe elevation of the level of living space at the main entrance of the building.
GARAGE ELEVATIONThe elevation of the garage floor at the center of the garage door.
The total number of workers (including both part-time and
full-time) present on a parcel of land at any given time, other than
temporary or occasional construction workers.
A professional engineer, licensed as such in the Commonwealth
of Pennsylvania.
A detailed written report that provides discussion of significant
environmental impacts and provides reasonable alternatives which would
avoid or minimize adverse impacts or enhance the quality of the human
environment.
The removal of soil, rock or surface particles by the action
of water, wind, ice or other agents.
The front of a building facing a public or private street
or any other building face that is given special architectural treatment.
One person occupying a single dwelling; two or more persons
related by blood, marriage or adoption, living together in a single
dwelling unit and maintaining it as a functional common household;
and/or a group of not more than four persons unrelated by blood, marriage
or adoption living together in a single dwelling unit and maintaining
it as a functional common household. The term "family" shall be deemed
to include any domestic employees or gratuitous guests.
[Amended 7-25-2013 by Ord. No. 2013-05]
An indoor or outdoor facility providing recreational, educational,
social and entertainment facilities suitable for children and their
parents.
An area of land, including all buildings, accessory buildings,
farm buildings and one single-family detached principal dwelling,
all used for agriculture and where the primary source of income is
derived from property.
Chickens, turkey, sheep, goats, hogs, pigs, cattle, horses
and other similar animals which are common to a farm.
[Amended 12-3-2015 by Ord. No. 2015-06]
A barn, silo or any building used for the storage of agricultural
equipment or farm produce or housing livestock or poultry. The term
"farm building" shall not include dwellings.
Federal Communications Commission.
[Added 11-20-2014 by Ord.
No. 2014-04]
A man-made barrier placed or arranged as a line of demarcation
between lots or to enclose a lot or portion thereof. The term "fence"
shall be deemed to include a wall.
A bank, savings and loan, credit union or similar use.
A road that provides fire apparatus access from the fire
station to a facility, building or portion thereof. This is a general
term inclusive of all other terms such as fire lane, public street,
private street, parking lot lane and access roadway.
A flagstaff designed and solely intended for the patriotic
display of the flag of the United States of America, or its armed
forces, the Commonwealth of Pennsylvania or any political subdivision
thereof, or the flag of a group or organization, or combination thereof,
and for no other purpose. A flagpole shall not include a standard
antenna, a standard antenna support structure, a commercial communications
antenna support structure, tower, antenna or any other structure designed,
intended or capable of supporting any other use or purpose.
The gross floor space of the building or buildings, measured
from the exterior faces of exterior walls or from the center line
of wall separating buildings. In particular, the floor area of a building
or buildings shall include: basement space; all spaces other than
cellar space with structural headroom of seven feet, six inches or
more; interior balconies and mezzanines; enclosed porches, terraces
or other space which are attached to the principal structure on at
least one side; attic spaces (with or without a finished floor) providing
structural headroom of seven feet, six inches or more is available
over 50% of such attic space. However, the floor area shall not include:
cellar space, except that cellar space used for retailing; elevator
shafts, stairwells, bulkhead, accessory water tanks or cooling towers;
terraces; breezeways; uncovered steps; open space; and/or accessory
buildings.
The floor area in square feet of all buildings on a lot divided
by the gross area of such lot in square feet.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
FELLINGThe act of cutting a standing tree so it falls to the ground.
LANDINGA place or area where logs, pulpwood or firewood are assembled for transportation to processing facilities.
LOPTo cut tops and slash into smaller pieces to allow the material to settle close to the ground.
OPERATORAn individual, partnership, company, firm, association, or corporation which is engaged in timber harvesting or forestry operations, including the agents, subcontractors and employees thereof.
SKIDDINGDragging trees on the ground from the stump to the landing area by any means.
SLASHWoody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, broken or uprooted vegetation or similar items.
STANDAny area of the forest vegetation whose site conditions, past history and current species composition are sufficiently uniform to be managed as a unit.
TIMBER HARVESTING, TREE HARVESTING or LOGGINGThe process of cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.
TOPThe upper portion of a tree that has little or no commercial resale value because of its small size, taper or defect.
A building used for the preparation of the deceased for burial,
including the viewing of the deceased and any lawful rituals connected
therewith before burial or cremation.
An accessory building or a part of a principal building used
for the storage of motor vehicles owned and used by the owner or tenant
of the premises and for the storage of not more than three motor vehicles
owned and used by persons other than the owner or tenant of the premises.
Not more than one commercial vehicle or truck may be stored in a private
garage.
A building, other than a private or storage garage, one or
more stories in height, used solely for commercial storage service
or repair of motor vehicles.
A building, not a private residential or a public garage,
one story in height, used solely for the storage of motor vehicles
used in conjunction with a business or industry, but not for the sale,
service or repair thereof nor for the sale of fuel, accessories or
supplies.
A computer-based system that links the geographic location
of map features to text information or databases.
The dimensions of a facility and the relationships of its
features such as alignment, profile, grades, widths, sight distances,
clearances and slopes.
A public or private course with a minimum of nine holes and
a length of more than 2,000 yards.
The Board of Commissioners of the Caln Township, Chester
County.
Any activities, services or uses conducted by any agency
or department of local, county, state or federal government.
A reference plane representing the average of finished ground
level adjoining the building at the exterior walls. Where the finished
ground levels slope away form the exterior walls, the referenced plane
shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet from the building, between the building and a point six feet
from the building.
A linear corridor of open space, including natural features
such as waterways, stream valleys, ridgelines and scenic vistas, or
along man-made features such as railroad beds or abandoned canals,
which provide areas for wildlife habitats and recreational uses.
A solar photovoltaic system mounted on a structure, pole
or series of poles constructed specifically to support the photovoltaic
system and not attached to any other structure.
[Added 9-12-2013 by Ord. No. 2013-06]
The use of any lawful dwelling unit which meets all of the criteria in § 155-58 of this chapter.
[Amended 7-25-2013 by Ord. No. 2013-05]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the Pennsylvania Department of Health to grow
and process medical marijuana.
[Added 6-8-2017 by Ord.
No. 2017-01]
Those chemicals or substances, which are physical hazards
or health hazards as defined and classified in the adopted Caln Township
Fire Code, whether the materials are in usable or waste condition.
A private or public indoor facility utilized for health,
fitness and/or recreational activities. All activities relating to
an adult business use shall be prohibited within a health club.
The vertical distance measured from the average elevation
of the ground or finished grade to the highest point of a building
or structure.
A defined area to accommodate all phases of operation of
rotor-wing aircraft or helicopters, with sufficient space for all
required safety controls and maneuvers in accordance with all state
and federal requirements, as well as to allow for the provision of
service facilities.
A defined area on a roof or on the ground to accommodate
touch down and lift off of rotor-wing aircraft or helicopters. All
such defined areas shall have sufficient space to accommodate all
required safety controls and maneuvers in accordance with all state
and federal requirements, but in no case shall such area provide service
facilities.
A use made up of: an undergraduate division which confers
associate or bachelor degrees; a graduate division which comprises
a graduate school, and/or professional schools, each of which may
confer master's degrees and doctorates. This term shall not include
those uses defined as an automotive trade school.
[Added 10-30-2008 by Ord. No. 2008-9]
Surface soils which are within three feet of the seasonable
high water table.
A place of ingress/egress from or access to a street or highway
created by a driveway or another street or highway. Measurement between
them shall be from the center line of one such point to the center
line of another such point.
The lot dimensions measured along the right-of-way line of
any one street or highway abutting a lot.
A special overlay district established to provide provisions for subdivision, land development, aesthetics, architectural appearance, landscaping, signs and streetscape design, as specified in § 155-47.
A place, building, structure or site, whereas because of
its' local, state or national significance is considered as a historical
site or resource. All such historical sites are identified on the
National Register of Historical Places, by the Pennsylvania Historical
and Museum Commission, or within the Comprehensive Plan.
An accessory use, which is customarily conducted within a
residential use or a structure accessory thereto, which is clearly
secondary and incidental to the residential use in which the practitioner
resides. The following categories of home occupation are hereby defined:
CATEGORY 1 HOME OCCUPATIONSA business or commercial activity administered or conducted as an accessory use, which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic (whether vehicular or pedestrian), pickup, delivery or removal functions to or from the premises in excess of those normally associated with a residential use. A Category 1 home occupation shall be synonymous with a no-impact home-based business, as defined by the Pennsylvania Municipalities Planning Code.
CATEGORY 2 HOME OCCUPATIONSA business or commercial activity administered or conducted as an accessory use, which is clearly secondary to a single-family residential dwelling and which involves some customer, client or patient traffic (whether vehicular or pedestrian), pickup, delivery or removal functions to or from the premises in excess of those normally associated with a residential use.
An institutional use, licensed by the Commonwealth of Pennsylvania,
which provides for inpatient and outpatient medical care, 24 hours
per day, seven day per week, as well as providing primary health services,
medical care and surgical services to patients suffering from illness,
disease, injury, deformity and other abnormal physical or mental conditions.
In addition, a hospital may also include accessory uses and facilities
including, but not limited to, medical offices, administrative offices,
educational facilities, research centers, clinics, cafeterias, retail
stores and other uses considered customary to a hospital or medical
campus.
A building or group of buildings containing five or more individual rooms for rental, primarily for transients, with common hallways for all rooms on the same floor, and where no provision is made for cooking in any individual room or suite. Hotel does not include institutional or educational uses and buildings where human beings are housed under legal constraint. Hotels may also include accessory uses such as restaurants, lounges, lobbies, conference rooms and recreational facilities such as swimming pools and fitness facilities provided sufficient off-street parking spaces are provided for each accessory use in accordance with the provisions of Article X of this chapter and provided that the combined floor area of all accessory uses shall not occupy more than 25% of the total gross floor area of the hotel building.
[Amended 9-30-2010 by Ord. No. 2010-05]
Equipment used to heat, cool or ventilate a structure.
[Added 9-12-2013 by Ord. No. 2013-06]
A soil that is saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions in the upper part.
Hydric soils are identified within the Comprehensive Plan.
The percentage of lot area covered by any and all impervious
materials, such as buildings, paved parking areas, paved walks, terraces
and similar surfaces, which do not normally absorb rainfall.
A surface which prevents the percolation of water into the
ground.
[Added 9-12-2013 by Ord. No. 2013-06]
The minimum distance an improvement must be set back from
a street right-of-way and/or property line.
Any type of structure, paved area and/or physical changes
to the land, including but not limited to, grading, paving, stormwater
management facilities, sidewalks, street signs, traffic control devices,
monuments, utilities, water supply facilities and sewage disposal
facilities.
A facility designed to reduce municipal solid waste, fuel,
gas, refuse or other material by combustion. This use may include
heat exchange equipment for energy recovery.
A residential community or use designed for those persons
who are independent with respect to their daily living activities
(bathing, dressing, grooming and eating) and choose to reside in a
community with other seniors (55 years or older). These communities
may offer amenities such as, but not limited to, security systems,
recreational activities, social programs, meal services and transportation.
A group of mixed uses within a planned nonresidential development which principally relate to industrial uses, as specified under § 155-76 of this chapter of the Code.
A use or activity that includes, but is not limited to, assembling,
manufacturing, distributing, processing, storing or warehousing of
products and materials, and other similar industrial uses as determined
by the Zoning Officer.
A use or activity that includes, but is not limited to, educational
uses, hospitals, medical centers, health care uses, churches, religious
uses, assisted living care facilities, and other similar institutional
uses as determined by the Zoning Officer.
The technical and practical link between the solar generator
and the grid providing electricity to the greater community.
[Added 9-12-2013 by Ord. No. 2013-06]
Discarded materials, including, but not limited to, waste,
paper, rags, glass, containers, fabric and similar material from vehicles,
equipment or machinery.
A lot, land or structure, or parts thereof, used for the
collection, storage, dismantling, salvage, sale, exchange and/or recycling
of used and discarded materials, including, but not limited to, waste,
paper, rags, glass, containers, fabric and similar material from vehicles,
equipment or machinery. The deposit or storage of two or more unlicensed,
uninspected, abandoned, wrecked or disabled vehicles shall be deemed
to be a "junkyard."
A site survey performed by the United States Army Corps of
Engineers to officially determine whether or not a defined parcel
of land is subject to wetlands regulations.
Any property, including any building or structure thereon,
where four or more dogs, 10 weeks of age or older, are kept or maintained
for boarding, grooming, breeding, training, showing, selling or exchange.
A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. A watt is a metric measurement
of power (not energy) and is the rate (not duration) at which electricity
is used. One thousand kW is equal to one megawatt (MW).
[Added 9-12-2013 by Ord. No. 2013-06]
An enclosed and weatherproofed room consisting of a sink
with plumbing facilities, permanent stove/oven and a refrigerator,
which complies with all codes adopted by Caln Township.
A building or group of buildings in which are located the
facilities for scientific research, investigation, testing and experimentation,
but not including the manufacture of products for sale.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of, or for the purpose of streets,
common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with the Caln Township
Code and the Pennsylvania Municipalities Planning Code.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition). A lessee under a
written lease who has written authorization of the legal owner shall
be deemed to be a landowner for the purpose of this chapter.
A landscape architect registered by the Commonwealth of Pennsylvania.
A special overlay district established to provide provisions for land development, aesthetics, architectural appearance, landscaping and streetscape design along the Lincoln Highway (Business Route 30) and as further defined in § 155-43 of this Code.
The raising and ownership of chickens, turkey, sheep, goats,
hogs, pigs, cattle, horses and other similar animals which are common
to a farm in accordance with the Caln Township Code.
A defined space located within a lot or parcel of land, which
has accessibility to a public street, for temporary use of commercial
vehicles while loading or unloading merchandise and materials to the
principal use and building contained on the lot or parcel of land.
A tract or parcel of land, regardless of size, held in single
or joint ownership, not necessarily a lot or lots shown on a duly
recorded map, which is occupied or capable of being occupied by buildings,
structures and accessory buildings, including such open spaces as
are arranged, designed or required. The term "lot" shall also mean
parcel, plot, site or any similar term.
CORNER LOTA lot situated at and abutting the intersection of two streets having an interior angle of intersection not greater than 135°. The front yard and lot width requirements shall apply to each street to which the corner lot has frontage. The other yards shall be designated as side yards.
INTERIOR LOTA lot other than a corner lot, the sides of which do not abut a street.
REVERSE FRONTAGE LOTSLots that have frontage on two public streets while restricting vehicular access solely from the public street which would front along the commonly identified rear of the lot.
THROUGH LOTAn interior lot having frontage on two parallel or approximately parallel streets.
FLAG LOT or KEYHOLE LOTAn irregularly shaped lot characterized by an elongated extension from a street to the principal part of the lot. The flag or keyhole shape of the lot is normally intended to provide for access to an otherwise landlocked interior parcel.
The space contained within the lot lines of any land parcel,
including land area within all existing and future/ultimate street
rights-of-way, delineated wetlands, common open space and easements
established for all utility, municipal and stormwater purposes.
[Amended 8-10-2006 by Ord. No. 2006-9]
The space contained within the lot lines of any land parcel,
excluding any and all future/ultimate street rights-of-way and common
open space. The net lot area shall not be less than the minimum lot
size required by the underlying zoning district for the use proposed
in which the lot is located.
[Amended 8-10-2006 by Ord. No. 2006-9]
The percentage of a lot covered by all impervious surfaces.
The mean average horizontal distance between the front and
the rear lot lines.
That portion of a lot which fronts on a single street.
The property line forming the front, rear or side boundary
of a lot.
FRONT LOT LINEThe line separating a lot from a street. The front lot line is also the street line.
REAR LOT LINEThe lot line which is opposite the front lot line. The rear line of any triangularly or irregularly shaped lot shall be established such that it will be at least 10 feet long.
SIDE LOT LINEAny lot line other than a front or rear lot line.
STREET or ALLEY LOT LINEA lot line separating the lot from a street or alley.
A lot or parcel recorded in the Office of the Recorder of
Deeds of Chester County, Pennsylvania.
The width of a lot measured at the street line and at the
street line, the legal right-of-way line and the ultimate right-of-way
line (where it exists) of the street immediately adjacent thereto.
The assembling, creating, cleaning, fabricating, processing,
testing, recycling, packaging, converting, distributing and/or repairing
of raw materials, with the use of labor and machinery, of products
that will be made available for sale. The term "manufacture" shall
not include retail sales, personal services, solid waste disposal,
truck distribution, mineral extraction, woodland extraction, forestry,
exportation of groundwater, warehousing, or similar uses determined
by the Zoning Officer.[3]
Any method of pressure on, or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of
the external soft parts of the body with the hands or with the aid
of any mechanical or electrical apparatus or appliance, with or without
such supplementary aids as rubbing alcohol, liniment, antiseptics,
oils, powder, creams, lotions, ointments or other similar preparations
commonly used in this practice.
[Added 11-29-2018 by Ord.
No. 2018-10]
Any establishment having a fixed place of business where
any person engages in, carries on, or permits to be engaged in or
carried on the practice of massage as is defined in this chapter.
This term shall exclude licensed hospitals, licensed nursing homes,
medical clinics, and the offices and quarters of licensed health profession
practitioners. A massage business shall also include a location where
sauna baths, Turkish baths, Swedish baths or the like are made available
to members of the public.
[Added 11-29-2018 by Ord.
No. 2018-10]
An individual licensed by the Pennsylvania State Board of
Massage Therapy to practice massage therapy.
[Added 11-29-2018 by Ord.
No. 2018-10]
As defined in the Massage Therapy Act (63 P.S. § 627.1
to § 627.50), (the "Act"), as the act may be amended from
time to time, the application of a system of structured touch, pressure,
movement, holding and treatment of the soft tissue manifestations
of the human body in which the primary intent is to enhance the health
and well-being of the client without limitation, except as provided
in the Act. The term includes the external application of water, heat,
cold, lubricants or other topical preparations, lymphatic techniques,
myofascial release techniques and the use of electro-mechanical devices
which mimic or enhance the action of the massage techniques. The term
does not include the diagnosis or treatment of impairment, illness,
disease or disability, a medical procedure, a chiropractic manipulation—adjustment,
physical therapy mobilization—manual therapy, therapeutic exercise,
electrical stimulation, ultrasound or prescription of medicines for
which a license to practice medicine, chiropractic, physical therapy,
occupational therapy, podiatry or other practice of the healing arts
is required. The term also shall not include barbers and beauticians
who are duly licensed by the commonwealth and massage the neck, face,
scalp or hair of their patrons as an accessory service to hair cutting/styling.
[Added 11-29-2018 by Ord.
No. 2018-10]
The average height of the sea for all stages of the tide,
utilizing the most current National Geodetic Vertical Datum.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania pursuant to Act 16 of 2016.[4]
[Added 6-8-2017 by Ord.
No. 2017-01]
A building, which primarily involves a health care use, where
patients are admitted for examination and treatment on an outpatient
basis by one or more physicians, dentists, psychologists, social workers
or other similar licensed professional, whereas the patients are not
typically lodged overnight or after normal office hours unless prescribed
by the licensed professional.
A public or private facility utilized for the treatment,
rehabilitation and training of outpatients to regain, develop or enhance
their physical skills, condition or stamina which have been lost or
impaired through injury or illness.
A public or private facility utilized for medical testing,
sampling or research in a controlled laboratory environment.
A group of mixed uses within a planned nonresidential development, which principally relate to medical or institutional uses, as specified under § 155-75 of this chapter of the Code.
An intermediate level or levels between the floor and ceiling
of any story with an aggregate floor area of not more than 1/3 of
the area of the room or space in which the level or levels are located.
The act or process of mining or extracting minerals.
A solid homogeny aggregate or mass of mineral matter, whether
or not coherent. The term includes, but is not limited to, limestone,
dolomite, sand, gravel, rock, stone, earth, fill, slag, iron ore,
zinc ore, vermiculite, clay, anthracite and bituminous coal, coal
refuse, peat, crude oil and natural gas.
The multiple use of a single property for a planned group
of nonresidential uses, including retail operations, personal services,
offices, financial institutions, medical and dental clinics, restaurants,
taverns and similar planned uses as determined by the Zoning Officer,
where the uses are less than a cumulative total of 30,000 square feet
of gross floor area and are owned and maintained by an individual,
corporation, partnership or organization. All mini malls shall be
planned and designed as an integrated unit or converted as such, with
common off-street parking facilities and stormwater management facilities.
A commercial establishment, usually not over 4,000 square
feet in gross floor area, offering prepackaged foods, newspapers,
magazines and other similar items.
A building or group of buildings that are divided into individual
units, each of which unit is available for rent or lease to the public
for the self-storage of tangible personal property.[5]
A combination of uses permitted in the underlying zoning
district within a single building, which may not include residential
units on the first floor.
[Added 10-10-2013 by Ord. No. 2013-07]
A parcel of land in a mobile home park improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home, which is leased by the
park owner to the occupants of the mobile home erected on the lot.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
[Added 9-12-2013 by Ord. No. 2013-06; amended 11-20-2014 by Ord. No. 2014-04]
A module is the smallest protected assembly of interconnected
PV cells.
[Added 9-12-2013 by Ord. No. 2013-06]
A building or group of attached or detached buildings containing
individual living or sleeping units designed for temporary use by
tourists or transients, each of which is provided with an independent
exterior entrance and off-street parking space. The term "motel" includes,
auto courts, motor courts, motor inns, motor lodges, roadside hotels
or similar accommodations.
Any building or land area on which freight is delivered for
transfer, assembly, storage or sorting and than shipped to another
location.
The Pennsylvania Municipalities Planning Code, as amended
and codified in 53 P.S., § 10101.
The Caln Township Municipal Authority.
[6]A use owned and maintained by Caln Township for public recreation
area, park, swimming pool, golf course, spectator sports, municipal
offices, police station, water and sewage facilities, utilities, community
centers, solid waste disposal areas, recycling centers, composting
facilities, road materials and equipment storage and similar governmental
or municipal uses.
Caln Township, Chester County, Pennsylvania.
An agreement with a local electric utility that allows customers
to receive a credit for surplus electricity generated by certain renewable
energy systems.
[Added 9-12-2013 by Ord. No. 2013-06]
Any building or establishment used for social and entertainment
purposes, whereas food, music and beverages are provided to patrons
for a fee.
A lot which does not meet with the minimum lot width or area
dimensions specified for the district where such lot is situated but
was lawfully in existence prior to the effective date of this chapter
or is legally established through the granting of a variance by the
Zoning Hearing Board.
A structure or building, or part thereof, which does not
meet the applicable provisions or requirements of the district in
which it is located, either at the time of enactment of this chapter
or as a result of subsequent amendments thereto, where such building
or structure lawfully existed prior to the enactment of such chapter
or amendment. Such nonconforming structures include, but are not limited
to, nonconforming signs.
A building, structure, sign or use of land which does not
conform to the applicable regulations of the district in which it
is located, either at the time of the enactment of this chapter or
as a result of subsequent amendments thereto, but which did not violate
any applicable use regulations prior to the enactment of such chapter
or amendments. However, no existing use shall be deemed nonconforming
solely because of the existence of less than the required off-street
parking spaces.
All non-tower wireless communications facilities, including,
but not limited to, antennae and related equipment. Non-tower WCF
shall not include support structures for antennae and related equipment.
[Added 11-20-2014 by Ord.
No. 2014-04]
A use involving the raising of trees (for transplanting),
ornamental, shrubs, flowers or house plants for any commercial purpose.
All nursery/greenhouses that are designed and constructed to be 1,000
square feet or less shall be considered an accessory structure. All
nursery/greenhouses that are designed and constructed to exceed 1,000
square feet in size shall be considered a principal structure.
A building containing sleeping rooms used by persons who
are lodged and furnished with meals and are provided with needed support
services, including the availability of basic nursing care. Such a
facility may or may not include skilled nursing or medical care. This
definition shall be limited to facilities licensed by the Commonwealth
of Pennsylvania as a nursing center or personal care center.
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, rectification, culvert, building,
structure, fence, stockpile, refuse, fill or other matter which may
impede, retard or change the normal direction or path of air, water
or any modes of transportation.
The possession of any structure, building, land area or water
body with the intent to remain for the purpose of residing, conducting
business or performing social, recreational, cultural, educational,
municipal, governmental, institutional, religious, charitable or similar
uses.
PERMANENT OCCUPANCYOccupancy for a period in excess of 120 consecutive days within one calendar year.
TEMPORARY or SEASONAL OCCUPANCYOccupancy for a period less than 120 consecutive days within one calendar year.
A use that primarily involves professional or nonprofit services
relating to, but not limited to, administrative, business, clerical,
financial, governmental, medical, municipal, political, religious
or similar office uses, as determined by the Zoning Officer.
A group of mixed uses within a planned nonresidential development which principally relate to office or business, as specified under § 155-74 of this chapter of the Code.
The Official Map, as adopted by the Board of Commissioners,
showing the characteristics of streets, watercourses, public grounds
and other topographic features.
The Zoning Map of Caln Township.
The unoccupied space, land area or water body that is located
on the same lot with the principal use or development, which is open
to the sky and not occupied by buildings, structures, sidewalks, off-street
parking areas, access drives and/or other impervious areas.
The Caln Township Zoning Ordinance of 2005 or any provisions
or amendments thereof, enacted by the Board of Commissioners, including
the Official Zoning Map.
The external storage of materials, products and accessory
components of a use which conforms to the normal functions and procedures
conducted on that use in accordance with the Caln Township Code.
All sales conducted outside of a principal building.
The Commonwealth of Pennsylvania.
A tract of land designed and utilized by the general public
for active and/or passive recreation purposes.
An off-street area designed solely for the parking of motor
vehicles, including driveways, passageways and maneuvering space appurtenant
thereto.
The limit beyond the defined off-street parking area, which
parking is not allowed or permitted.
A reasonably level space, available for the parking of one
motor vehicle, not less than 10 feet wide and having an area of not
less than 200 square feet exclusive of passageways or other means
of circulation or access.
An area or courtyard which is not covered by a roof or permanent
awning and is designed for outdoor living purposes as an accessory
use to the principal structure or building.
The percentage of lot area covered by any and all impervious
materials, such as buildings, paved parking areas, paved walks, terraces
and similar surfaces, which do not normally absorb rainfall.
A document issued by the proper regulatory agency authorizing
the applicant to undertake certain activities as specified on the
application or permit.
BUILDING PERMITA permit issued for a specific building, structure or land use, which indicates that the proposed construction, alteration, development, reconstruction or similar activities are in accordance with the appropriate construction provisions of the Code, as adopted by Caln Township, and authorizes an applicant to commence with the activities specified on the application or the provisions of the permit.
DEMOLITION PERMITA permit issued to demolish, remove, destroy and/or eliminate a building or structure.
OCCUPANCY PERMITA permit issued for a building, structure or land use, which indicates that certain construction, alteration, reconstruction, development or similar activities have been completed and inspected in accordance with the appropriate provisions of the Code, as adopted by Caln Township, and allows the applicant to occupy the building, structure or land area in accordance with the provisions of the permit.
SEASONAL or TEMPORARY PERMITA permit issued for a specific building, structure or land use, which indicates that the seasonal or temporary activities are in accordance with the appropriate provisions of the Code, as adopted by Caln Township, and authorizes an applicant to commence with the seasonal or temporary activities for a defined period of time, not to exceed 60 cumulative days within a calendar year and as specified on the permit.
SIGN PERMITA permit issued for a specific on-premises or off-premises sign.
SPECIAL PERMITA permit issued to nonprofit organizations for specific use and event on land owned or leased by the applicant for a defined period of time, not to exceed 30 cumulative days within a calendar year and as specified on the permit. Such permitted uses may include carnivals, circuses, bazaars, fairs, seasonal sales or other nonprofit fund-raisers.
A use permitted in a particular district to occupy or use
land for a specific purpose in accordance with this chapter when such
use is permitted by right.
An individual, corporation, partnership, organization, incorporator's
association, trust or other similar entity.
A facility owned and operated by a legal entity which possesses
the appropriate certifications and licenses issued by the Commonwealth
of Pennsylvania for operating a personal care home at a defined location.
The facility shall be used to provide dwelling units, food, personal
assistance or supervision to adults of advanced age or otherwise who
do not require services at a licensed long-term care facility, but
who, because of their advanced age or other condition, require assistance
or supervision in matters such as dressing, bathing, diet, financial
management, emergency evacuation and/or taking medication prescribed
for self-administration.
A building or portion of a building in which the services
of a person permitted to practice a specified profession are offered
to the general public. Examples of such professions may include accountants,
agents, architects, barbers, beauticians, lawyers, optometrists, photographers,
tailors, electronic repair technicians or other similar personal service
establishments as determined by the Zoning Officer. A massage business
and the practice of massage therapy shall not be considered a personal
service establishment.
[Amended 11-29-2018 by Ord. No. 2018-10]
A semiconductor-based device that converts light directly
into electricity.
[Added 9-12-2013 by Ord. No. 2013-06]
A proposal for development, subdivision or land development,
including all covenants, grants or easements and other conditions
relating to use, location and bulk of buildings, density of development,
common open space and public facilities, which complies with the Caln
Township Code.
The Caln Township Planning Commission, Chester County, Pennsylvania.
A roofed or unroofed structure projecting from the front,
side or rear wall of a building.
An existing planned residential community, which has been previously approved under previously recognized alternative zoning regulations such as traditional neighborhood development, planned residential development, mixed-use development or lot averaging, which have been terminated as viable alternatives for planned residential communities. These preexisting planned residential communities are further defined and regulated as part of the R-5 Zoning District, as established in the Caln Township Comprehensive Plan and under § 155-25 of this Code.
When used in connection with natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use, but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
Prime agricultural soils or land areas as defined in the
Caln Township Comprehensive Plan.
A building in which a principal use on a lot is carried on.
The main or primary purpose for which any land, structure
or building is designed, arranged or intended and for which they may
be occupied or maintained under the terms of this chapter. Only one
principal use shall be permitted on a lot.
All such areas, including: parks, playgrounds, trails, paths
and other recreational areas and other public areas; sites for schools,
sewage treatment, refuse disposal and other publicly owned or operated
facilities; and publicly owned or operated scenic and historic sites.
A formal meeting held pursuant to public notice by Caln Township,
the governing body or planning agency intended to inform and obtain
public comment prior to taking action in accordance with this Code
and the Pennsylvania Municipalities Planning Code.
A forum held pursuant to notice under the requirements of
this Code, the Pennsylvania Municipalities Planning Code and the "Pennsylvania
Sunshine Law."
Notice published once each week for two successive weeks
in a newspaper of general circulation within Caln Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
The removal or extraction of minerals, rock, natural resources
or other products of earth, either on the surface or below the surface,
in accordance with the provisions of the Caln Township Code and Commonwealth
of Pennsylvania.
Land area containing recreational facilities, which may require
visitors or participants to become involved in physical or energetic
functions, primarily group functions. Active recreation areas may
include, but not limited to, basketball courts, baseball fields, football
fields, soccer fields, tennis courts, playgrounds, tot lots, community
centers, golf courses, hockey rinks, skateboard areas, swimming pools
and volleyball courts.
Land area containing recreation facilities, which may require
visitors or participants to become involved in quiet functions that
do not require physical or energetic functions. Passive recreation
areas may include, but not limited to, common open space, trails for
walking or bicycling, surface water for canoeing, rafting or fishing,
pavilions, picnic areas, cultural centers, scenic vistas and amphitheaters.
Land, water, buildings, structures, apparatuses and/or equipment
which are required to accommodate recreational uses.
An active or passive recreational use designed to accommodate
physical, leisure, sporting or relaxation activities on land or water.
Recreational uses may include, basketball, baseball, football, bicycling,
walking, jogging, running, golfing, fishing, boating, hunting, hockey,
skating, skateboarding, soccer, swimming, tennis, volleyball, racquetball,
exercise/fitness, bowling, billiards, bird watching, picnicking or
any other similar recreational uses, as determined by the Zoning Officer.
An active or passive recreational use in which a fee is generally
paid to utilize the recreation facilities.
A vehicle of any size which is designed as a temporary dwelling
or living unit for travel, recreation and vacation uses. Recreation
vehicles may include motorized vehicles designed to be self-propelled
or nonmotorized vehicles designed to be towed or carried by another
vehicle, including campers, pickup coaches, travel trailer and similar
vehicles.
Land areas occupied by buildings, churches, synagogues, retreat centers, monasteries, seminaries, convents, shrines, cemeteries and other similar nonprofit facilities, as further defined under § 155-91D(3) of this chapter of the Code, which are primarily used for religious or spiritual worship.
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including, but not limited to, biomass
conversion, geothermal energy, solar energy, wind energy and hydroelectric
energy, and excluding those sources of energy used in the fission
and fusion processes.
A commercial use in which machinery, equipment and goods,
but not motor vehicles, are rented to customers for temporary use
pursuant to a short-term rental contract, including the sale of machinery,
equipment and goods as an accessory use. For the purposes of this
definition, "machinery" means equipment which requires a motor to
operate; "equipment" means any nonmotorized device permanently attached
to and movable on wheels; and "goods" means any other rental items.
A defined area within a building or structure which is rented
or leased to accommodate residential or nonresidential uses, as permitted
by the Caln Township Code.
A use within a permitted dwelling unit designed and utilized
as the living quarters for one or more families living independently
of each other. Residential uses may be permitted within single-family
detached units, single-family semidetached units, two-family attached
units, mobile homes, apartment units and townhouse units, provided
the type of dwelling unit is a permitted use within the zoning district
to which it is located, and provided that the dwelling unit complies
with the standards specified by this Code.
A facility or land that is used for any one or a combination
of the following or similar uses: composting, incineration, material
separation, recycling or trash transfer. A resource recovery facility
shall be owned and operated by Caln Township or a municipal authority
by and on behalf of Caln Township.
COMPOSTING FACILITYA facility for the composting of the organic matter in municipal solid waste.
INCINERATORA facility designed to reduce municipal solid waste by combustion. This use may or may not include heat exchange equipment for energy recovery.
REFUSE DERIVED FUEL (RDF) FACILITYThe extraction of materials from municipal solid waste for recycling or for use as refuse derived fuel (RDF).
RECYCLING FACILITYA business that accumulates material such as paper, glass, aluminum and/or plastic that is no longer useful for its intended purpose. The materials are then sold to another business as a raw material which can be used to manufacture a new product.
TRANSFER STATIONA facility where municipal solid waste is delivered for the purpose of transferring the material into another container or vehicles for transport to a final disposal site or processing facility. (A transfer station may include the separation and collection of material for the purpose of recycling.)
A commercial establishment devoted to the sale and consumption
of food and beverages to patrons within an enclosed building while
the patrons are seated at counters, booths or tables. A restaurant
may contain an accessory area or use devoted to outdoor eating, retail
sales, social quarters, meeting rooms, bars, taprooms and similar
uses, provided the cumulative total area of the accessory use does
not exceed 30% of the gross floor area of the restaurant.
A restaurant devoted to the sale of food and beverages to
patrons either within an enclosed building, at a pickup counter, through
a drive-through service lane and/or through a delivery service. All
such facilities may offer their patrons the option to consume the
food and beverages either inside the restaurant or at an off-site
location.
A permitted business establishment occupying a single permitted
retail use, whereas, depending upon its size, type, location or intensity
may require distinct approval procedures.
A commercial establishment devoted to the sale of products
and services to patrons within an enclosed building. Retail uses may
include, but are not limited to, establishments selling food, groceries,
beverages, clothing, business or office supplies, entertainment items,
furniture, home improvement supplies, household products, personal
care supplies, building supplies, sporting goods, equipment, machines,
computers, electronics, pet supplies, medical supplies, agricultural
supplies, automobile supplies, custom-made products and firearms.
Such use may include as an accessory use an area used for manufacturing
or assembly of the products sold on the premises, provided that such
area is no greater than 35% of the gross floor area of the building.
[Amended 10-27-2016 by Ord. No. 2016-04]
The width or area of land which is dedicated or reserved
to accommodate streets, utilities, stormwater management facilities,
traffic control facilities, curbs, sidewalks, bicycle lanes, streetlights
and other public improvements.
LEGAL RIGHT-OF-WAYThe existing width or area of land which is currently owned and maintained by Caln Township, the Commonwealth of Pennsylvania and/or other public agency or authority.
ULTIMATE RIGHT-OF-WAYThe width or area of land which is determined necessary to reserve and/or dedicate in order to accommodate future public improvements.
The use and occupancy of a single-family detached dwelling
for the purpose of accommodating four or less transient guests for
rent or compensation.
A special overlay district established to provide provisions for land development, economic development, zoning alternatives, aesthetics and architectural appearance at each of the bypass interchanges, as further defined in § 155-46 of this Code.
The required plumbing fixtures within a dwelling unit, including
a sink, toilet, bathtub or shower, which are functioning and compliant
with the Caln Township Code.
A system designed to collect, convey, treat and dispose of
sewage from users in compliance with local, county, state and federal
regulations.
ON-LOT SYSTEMA sewage disposal system which collects, conveys, treats and disposes of sewage or holds sewage from only one dwelling, principal use or lot.
COMMUNITY SYSTEMA sewage disposal system which collects, conveys, treats and disposes of sewage from more than one source by a system of pipes to a central treatment and disposal plant, generally serving a neighborhood area.
PUBLIC OR MUNICIPAL SYSTEMA sewage disposal system which collects, conveys, treats and disposes of sewage from more than one source by a system of pipes to a central treatment and disposal plant.
OPTIONAL SYSTEM REQUIREMENTA special or unique use of land, which because of its wastewater disposal needs may have the option to utilize on-lot sewage disposal methods or connect to a private, community, public or municipal treatment system. The selected method for wastewater collection, conveyance and treatment shall be consistent with the Caln Township Act 537 Plan.
A device incorporating a reflective solid surface in the
shape of a dish, cone or horn which is used to transmit and/or receive
signals.
An assemblage of permissible materials which are strategically
arranged so as to effectively block or obstruct the views between
adjacent or adjoining properties from ground level to a height of
six feet above grade level or as determined by the Zoning Officer.
An apartment building containing multiple residential dwelling
units for persons who are 55 years of age and older which qualifies
for the exemption to the prohibition against discrimination based
on familial status found in Section 3607(b)(1) of the United States
Fair Housing Act, 42 U.S.C. § 3607(b)(1), and the Housing
for Older Persons Act of 1995[7] and the regulations promulgated thereunder. The facility
may include accessory uses such as common kitchen facilities and dining
areas, activity and meeting rooms, storage areas, recreation and exercise
facilities, sundries store, administrative offices and/or a beauty/barber
shop solely for the use of the residents and their invitees.
[Added 8-30-2012 by Ord. No. 2012-04]
The setback requirements as established for any building
or structure within the applicable zoning district for which it is
located.
A deciduous tree which normally grows with a single trunk
and has a canopy which screens and filters sunshine during specific
seasons during the year.
The multiple use of a single property for a planned group
of nonresidential uses, including retail operations, personal services,
offices, financial institutions, medical and dental clinics, restaurants,
family entertainment centers, taverns, nightclubs and similar planned
uses, as determined by the Zoning Officer, where the uses exceed a
cumulative total of 30,000 gross square feet of floor area and are
owned and maintained by an individual, corporation, partnership or
organization. All shopping centers shall be planned and designed as
an integrated unit or converted as such with common off-street parking
facilities, stormwater management facilities and utility services.
A seasonal or occasional sale conducted on the sidewalk or
outside of the front or side of the principal building or establishment,
whereas, goods are offered for sale to the public, provided that all
such sales shall not exceed 60 cumulative days during the coarse of
a calendar year.
Any structure, building, wall or other outdoor surface, or
any device or part thereof, which displays or includes any letter,
word, model, banner, flag, pennant, insignia, device or other representations
utilized for announcement, direction, identification or advertisement.
The word "sign" includes the word "billboard," but does not include
the flag, pennant or insignia of any nation, state, city or other
political unit nor public traffic or directional signs.
ACCESSORY SIGNA subordinate sign located on the same property of the principal use which is erected to further describe the products or services available to the general public.
ANIMATED SIGNA sign or any device designed to attract attention by visual means through the movement or semblance of movement by mechanical, electrical or natural means.
BANNERA promotional sign for special community events, including educational, charitable, philanthropic, civic, cultural, municipal, fraternal, religious or similar community events, as determined by the Zoning Officer, whereas the promotional sign or banner shall be considered as temporary for a period of time not to exceed 30 cumulative days in a calendar year. All such signs or banners shall be made of nylon, canvas or similar all-weather material.
BILLBOARDAn off-premises sign erected by a professional sign company or by the outdoor advertising industry on which advertisement space is leased for a fixed period of time.
BUSINESS or NONRESIDENTIAL SIGNAn on-premises sign designated for a permitted business or nonresidential use which identifies the written name, type of business, use, commodity sold, type of services, trademark and/or symbol.
CANOPY SIGNA nonilluminated sign made of cloth, canvas, aluminum, metal, wood or similar materials which is affixed to a building and projects outward, whereas the sign or message is painted on, sewed, fastened or applied. All such signs may or may not be fixed or equipped with a mechanism for raising or holding the canopy or awning in a retracted position against the building.
CHARITABLE or COMMUNITY SERVICE SIGNAn on-premises sign identifying the charitable or community service organization, including religious facilities, volunteer fire companies or other nonprofit organization. All such signs may include supplemental information concerning hours, events, activities or messages.
DEVELOPMENT SIGNAn on-premises sign indicating that the property is actively in the process of subdivision or land development for residential or nonresidential uses.
DIRECTIONAL SIGNAn informational or functional on-premises sign containing only information pertaining to direction, entrance, exit, off-street loading spaces, service areas, service lanes, fire lanes, handicapped parking spaces and off-street parking areas. All such directional signs shall contain no advertisement messages.
DOUBLE-FACED SIGNA sign with two faces that is parallel, facing opposite directions, and matching in size and shape.
FLASHING SIGNA type of sign in which the illumination is not kept constant in intensity at all times of use and which exhibits sudden, timed or marked changes in lighting effects. Unless otherwise permitted by this chapter of the Code, flashing signs shall be prohibited.
FREESTANDING SIGNAn on-premises sign displaying information pertaining to the existing use for which it is located and is supported by or suspended from a freestanding column or other support(s) located in or upon the ground surface.
GROUND SIGNAn on-premises sign displaying information pertaining to the existing use for which it is located and is placed upon, supported by and anchored to the ground. A ground sign shall not be considered as a freestanding sign or portable sign.
IDENTIFICATION SIGNAn on-premises sign identifying a medical facility, hospital, school, institutional use, religious facility, municipal facility, recreational use, farm, historical site or similar use, as determined by the Zoning Officer.
ILLUMINATED SIGNA sign designed to project or reflect artificial light from an internal or external source, which may be directly or indirectly illuminated, or through transparent or translucent material. Illuminated signs may include, billboards, freestanding signs, ground signs or signs affixed to a building or structure, as permitted under the provisions of this chapter of the Code.
MARQUEE SIGNAn on-premises sign attached to a building facade which may include changeable letters, messages or displays.
MUNICIPAL or OFFICIAL SIGNA sign erected by Caln Township, Chester County, the Commonwealth of Pennsylvania or other governmental organization.
OFF-PREMISES SIGNA permitted sign which directs attention to a business, commodity, service, entertainment, institution or other use which is offered elsewhere other than upon the premises where the sign is located.
ON-PREMISES SIGNA permitted sign which directs attention to a business, commodity, service, entertainment, institution or other permitted use which is offered on the same property or tract of land where the sign is located.
PORTABLE SIGNA temporary sign designed to be moved from place to place which is not affixed or anchored to the ground, structure or building.
PROJECTING SIGNAn on-premises sign mounted upon a building so that its principal face is a right angle or perpendicular to the wall of the building. All such projecting signs shall extend at least one foot from the building but no more than 12 feet from the building.
REAL E SIGNAn on-premises sign pertaining to the sale or lease of the premises on which the sign is located.
ROOF SIGNAn on-premises sign which is erected or displayed upon the roof of a building or exceeds the height of the building. Unless otherwise specified by this chapter of the Code, a roof sign shall be prohibited.
SPECIAL EVENT or SEASONAL SIGNA temporary sign anchored or mounted to the ground by a cylinder or sleeve by which periodical advertisement of specials can be displayed during certain segments of the year in accordance with the provisions specified by this chapter of the Code.
SPORTS FACILITIES BUSINESS SIGNA business sign erected and maintained only for a nonprofit organization or entity organized to promote youth sports teams, advertising a business, service, product or organization, restricted as to purpose and location and conforming to the requirements of this Code.
SIGN AREAThe area of a sign shall be construed to include all lettering, wording, border trim or framing and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself. Where the sign consists of individual letters or symbols attached to a surface, building, wall or window, the area shall be determined by calculating the smallest rectangle which encompasses all of the letters and symbols used for the sign regardless of the actual shape created by the letters and symbols.
SIGN ERECTIONThe installation, construction, placement, relocation, enlargement, alteration, attachment, suspension, painting, posting or displaying of a sign, including the replacement or substitution of face panels within a frame.
SIGN HEIGHTThe height of the sign as measured from the ground elevation to the highest and lowest parts of the sign.
SPECIAL USE or TEMPORARY SIGNA permitted on-premises sign erected for a temporary period in accordance with the provisions specified by this chapter of the Code.
VEHICLE SIGNA sign affixed or painted on a vehicle, trailer or similar device.
WALL SIGN or PARALLEL SIGNAn on-premises sign posted on, suspended from or otherwise affixed to the wall, facade or vertical surface of a building which does not project or extend more than 12 inches from the wall, facade or vertical surface of the building to which it is attached. A wall sign may partially extend above the roofline by more than 20% of the sign height as measured at the point where such sign is attached to the building.
WINDOW SIGNA temporary or permanent on-premises sign affixed to or visible through a window of a building.
A tall cylindrical structure that is located on a farm and
is used to store crops for animal feed.
The ownership of a lot by one or more persons, whereas the
ownership is separate and distinct from that of any adjoining land
areas.
Topographic conditions in which the percentage of vertical
to horizontal relief is computed utilizing standard rise over run
calculations and/or as defined by this chapter of the Code.
A type of wireless communication facility (WCF) as specifically
defined by the Federal Communications Commission in Part 1 of Title
47 of the Code of Federal Regulations.
[Added 10-10-2019 by Ord. No. 2019-05]
Structural/architectural element that provides protection
from weather that includes awnings, canopies, porches or sunshades
and that is constructed with the primary covering consisting of solar
PV modules, and may or may not include additional solar PV related
equipment.
[Added 9-12-2013 by Ord. No. 2013-06]
The components and subsystems that, in combination, convert
solar energy into electric energy suitable for use. The term is limited
to photovoltaic solar power systems.
[Added 8-9-2012 by Ord. No. 2012-03]
A structure used to collect energy from the sun which is
utilized to convert and produce heat or electricity.
An electric generating facility whose main purpose is to
generate and supply electricity and consists of one or more solar
electric energy systems and other accessory structures and buildings,
including substations, electrical infrastructure, transmission lines
and other appurtenant structures and facilities. Such facilities shall
not include solar electric energy systems which are built as an accessory
use to supply energy for the principal use of the property.
[Added 8-9-2012 by Ord. No. 2012-03]
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of a solar electrical energy system.
[Added 8-9-2012 by Ord. No. 2012-03]
Items including a solar photovoltaic cell, panel or array,
lines, mounting brackets, framing and foundations used for or intended
to be used for collection of solar energy.
[Added 9-12-2013 by Ord. No. 2013-06]
A solar collection system consisting of one or more building
and/or ground mounted systems, solar photovoltaic cells, panels or
arrays and solar-related equipment that rely upon solar radiation
as an energy source for collection, inversion, storage and distribution
of solar energy for electricity generation. A solar PV system is a
generation system with a nameplate capacity of not greater than 50
kilowatts if installed at a residential service or not larger than
3,000 kilowatts at other customer service locations and do not produce
excess on-site energy greater than currently permitted by Pennsylvania
Public Utility Commission guidelines.
[Added 9-12-2013 by Ord. No. 2013-06]
The legal consultant appointed by the Caln Township Board
of Commissioners.
Waste, including solid, liquid, semisolid or contained gaseous
materials.
A site in which engineering principles are utilized to bury,
dispose, reduce, eliminate and/or incinerate deposits of solid waste
without creating public health or safety hazards, nuisances, pollution
or environmental degradation. All such facilities may include sanitary
landfills, solid waste landfills, low level radioactive waste disposal
facilities, resource recovery facilities, recycling centers and transfer
stations.
A use by which the Zoning Hearing Board may grant permission
to an applicant within a particular zoning district for the occupancy
or use of land or water for a specific purpose, as specified within
this chapter of the Code.
Overlay provisions established to consider special features,
land uses, buildings, zones or corridors. These provisions are intended
to supplement and enhance the existing underlying zoning district
regulations for specifically defined areas, including abandoned commercial
or industrial sites; public transportation zones; transportation corridors;
bypass interchanges; and historical sites.
A building or structure in which horses, lamas, donkeys and
other similar animals which are kept for remuneration, hire, sale
or other lawful uses.
The Commonwealth of Pennsylvania and its designated agencies.
Camouflaging methods that are used in the installation of
wireless communications towers, antennae and other facilities which
render them more visually appealing or blend the proposed facility
into the existing structure or visual backdrop in such a manner as
to render it minimally visible to the casual observer. Such methods
include, but are not limited to, architecturally screened roof-mounted
antennae, building-mounted antennae painted to match the existing
structure and facilities constructed to resemble trees, shrubs, flag
poles and light poles.
[Added 11-20-2014 by Ord.
No. 2014-04]
A conservation overlay of land and water which have been defined by the Comprehensive Plan and § 155-36 of this Code as having "steep slopes" and "very steep slopes."
[Amended 9-29-2005 by Ord. No. 2005-12]
Those areas which have a range of slope of 15% or greater
but less than 20% in predevelopment condition.
[Amended 9-29-2005 by Ord. No. 2005-12]
A tall tapering structure narrowing to a point on the top
that is located on the roof of or is part of the superstructure of
a church or other place of worship.
Drainage runoff from the surface of the land resulting from
precipitation in the form of rain, snow, sleet, hail or ice.
A program of controls and measures designed to regulate the
quantity and quality of stormwater runoff from a defined area or development
while promoting the protection and conservation of surface water,
groundwater and groundwater recharge.
Those controls and measures, including, but not limited to,
berms, terraces, bridges, dams, storm sewers, basins, infiltration
systems, swales, watercourses and floodplains, used to implement stormwater
management regulations.
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above,
including basements and mezzanines, and as further defined by the
appropriate building codes adopted by Caln Township.
A public or private right-of-way, excluding driveways, intended
as a means of vehicular and pedestrian travel, furnishing access to
abutting properties. The word "street" includes thoroughfare, avenue,
boulevard, court, drive, expressway, highway and similar terms. The
functional classification of all existing streets has been defined
in the Comprehensive Plan.
EXPRESSWAYSRoutes providing for corridor movements that represent substantial statewide, interstate or regional travel and movements between major urban areas. Expressways contain the most heavily traveled routes (10,000 trips to 100,000 trips per day) and including multilane roadways. This system provides links between developed areas and adjacent towns and cities. The system is designed for relatively high speeds (50 miles per hour to 65 miles per hour) with a minimum of interference to through traffic. Expressways facilitate truck transport by providing optimum conditions. Mobility is the principal function and accessibility should be limited to carefully planned interchanges to preserve the functional classification of expressways.
ARTERIALS (MINOR and MAJOR ARTERIAL)Routes providing for corridor movements that represent substantial statewide or regional travel and movements between major urban areas. Arterial routes contain heavily traveled routes (5,000 trips to 30,000 trips per day), including multilane roadways. This system provides links between developed areas and adjacent towns and cities. The system is designed for relatively high speeds (30 miles per hour to 55 miles per hour) with a minor interference to through traffic. Arterial routes facilitate truck transport by providing favorable conditions. Mobility is the major function and accessibility should be limited to preserve the functional classification of arterials roads.
COLLECTORS (MINOR and MAJOR COLLECTOR)Routes that serve primarily regional or intra-county trips and represents those routes with shorter travel distances than arterial routes. Collector roads contain well-traveled roads (500 trips to 10,000 trips per day) leading to specific destinations or to expressways and arterial routes. The system is designed for moderate speeds (25 miles per hour to 45 miles per hour) with some interference with designed intersections to permit through traffic. Depending upon its structural integrity and design, collector routes can facilitate lightweight truck transport. Mobility is a significant function and accessibility should be limited to street intersections and driveways in order to preserve the functional classification of collector roads.
MINOR STREETS or LOCAL ACCESS STREETSRoads that primarily serve local trips and represents those routes with shorter travel distances than collector routes. Local roads contain low volume to moderately traveled roads (less than 500 trips per day) leading to collector and arterial routes. The system is designed for lower speeds (20 miles per hour to 35 miles per hour) with interference with a number of designed intersections. Local roads are typically designed to facilitate lightweight truck transport for local deliveries. Mobility is a minor function and accessibility to street intersections, driveways and adjacent land areas is significant for local roads.
MARGINAL ACCESS ROADSRoads that serve specific land uses which are parallel or adjacent to an expressway, arterial or major collector roads. Marginal access roads are typically designed to accommodate the use(s) they directly serve. Accessibility between selective points is an essential design element with control at the point of destination. Many marginal access roads are privately owned and maintained.
CUL-DE-SAC STREETA minor street intersecting another street at one end and terminating in a vehicular turnaround at the other end.
INTERNAL STREETA minor street used for circulation and access within a development involving multiresidential, commercial and/or industrial land uses.
SERVICE STREET (ALLEY)A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
The lot dimension measured along the street line or right-of-way
line of any one street or highway abutting a lot.
The dividing line between a lot and the outside boundary
of a public street, road or highway right-of-way legally open or officially
mapped by a municipality or higher governmental authority between
a lot and the outside boundary of a street shown on a recorded subdivision
or land development plan or between a lot and a private street or
road over which the owners or tenants of one or more lots held in
single and separate ownership have a right-of-way.
Any man-made object having an ascertainable stationary location
on in land or water, whether or not affixed to the land. The term “structure”
shall include, but not limited to, buildings, signs, fences, walls,
towers, swimming pools, porches, garages, flagpoles, windmills, water
towers, silos, solar energy collectors and similar structures.
PERMANENT STRUCTUREA structure to be utilized for a specific purpose for more than one year, provided the structure complies with the provisions of the Code.
TEMPORARY STRUCTUREA structure to be utilized for a specific purpose for less than one year, provided the structure complies with the provisions of the Code.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development. The subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
The Caln Township Subdivision and Land Development Ordinance, also identified as “Chapter 137 of the Caln Township Code.”
1) Any increase in the height of a wireless support structure
by more than 10%, or by the height of one additional antenna array
with separation from the nearest existing antenna not to exceed 20
feet, whichever is greater, except that the mounting of the proposed
wireless communications facility may exceed the size limits set forth
herein if necessary to avoid interference with existing antennas;
or 2) any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
[Added 9-12-2013 by Ord. No. 2013-06; amended 11-20-2014 by Ord. No. 2014-04]
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its previous condition would equal
or exceed 50% of the market value before the damage occurred.
Any repair, addition, reconstruction, rehabilitation or other
improvement to a structure whereby the cost of such improvement equals
or exceeds 50% of the market value of the structure before the improvements
occurred.
A building covered by land on at least 50% of the combined
surface of its walls and roof.
The extraction of minerals, rock and other products of the
earth by activities conducted upon the surface of the land which require
the removal of the overburden, strata or material overlying, above
or between the minerals, rock and other products of the earth, or
by otherwise exposing and retrieving the minerals from the surface.
Mining activities carried out beneath the surface by means of shafts,
tunnels or other underground mine openings are not included in this
definition.
An individual registered with the Commonwealth of Pennsylvania
as authorized to measure the boundaries of tracts of land, establish
locations and perform the requirements of a survey.
Any structure intended for swimming or recreational
bathing that contains water over 24 inches deep, including in-ground
swimming pools, aboveground swimming pools, on-ground swimming pools,
hot tubs and similar structures, which are further defined and regulated
within the Caln Township Code.
Any structure intended for swimming or recreational
bathing that contains water over 24 inches deep. This includes in-ground,
aboveground and on-ground swimming pools, hot tubs and spas.
An establishment where alcoholic beverages are served to
the general public as the primary portion of the trade in accordance
with local and state laws.
A structure, building, tower, antenna and other types of
facilities utilized as primary or accessory uses for telecommunications.
The following subdefinitions of telecommunications facilities are
provided as follows:
COMMERCIAL COMMUNICATIONS ANTENNAA device used to receive and/or transmit wireless communications or radio signals, including panels, microwave dishes, wires, signal poles, whips or similar communications devices.
COMMERCIAL COMMUNICATIONS ANTENNA SUPPORT STRUCTURE or TOWERAny monopole or lattice structure designed and intended to be used for the support and attachment of one or more commercial communications antennas, appurtenant communications equipment or similar devices.
COMMERCIAL COMMUNICATIONS ANTENNA HEIGHTThe vertical distance as measured from the base of the commercial communications antenna support structure at the undisturbed grade to the top of the highest point of the structure. If a commercial communications antenna support structure is located on a sloped grade, the average grade between the highest and lowest elevations on either side of the support structure shall be utilized to calculate the height.
DIRECTIONAL ANTENNAAn antenna or array of antennas designed to concentrate a radio signal in a particular area.
LATTICE TOWERA guyed or self-supporting three- or four-sided open steel frame structure used to support telecommunications equipment.
MICROCELLA low-power mobile radio service telecommunications facility used to provide increased capacity in high-call demand areas or to improve coverage in areas of weak coverage. Microcells communicate with the primary low-power mobile radio service facility in a coverage area via fiber optic cable or microwave. Coverage area for a microcell is typically a one-mile radius or less.
MICROWAVE ANTENNAA dish-like antenna manufactured in many sizes and shapes used to link communications sites together by wireless transmission of voice or data.
MONOPOLEA structure composed of a single spire used to support telecommunications equipment.
OMNIDIRECTIONAL ANTENNAAn antenna that is equally effective in all directions and whose size varies with the frequency and gain for which it is designed.
REPEATERA low-power mobile radio service telecommunications facility that extends coverage of a cell or service area to areas not covered by the originating cell or service area.
WHIP ANTENNAAn antenna that is cylindrical in shape which can be directional or omnidirectional. Their size varies based upon the frequency and gain for which they are designed.
WIRELESS COMMUNICATIONS EQUIPMENT BUILDINGA building or cabinet in which electronic receiving, relay or transmitting equipment for a wireless communications facility is housed. The equipment building shall be considered as a component of the commercial communications facility.
WIRELESS COMMUNICATIONS FACILITYThe commercial communications antenna(s), commercial communications antenna support structure, wireless communications equipment building, if any, parking and/or other structures and equipment involved in receiving or transmitting wireless communications or radio signals. A wireless communications facility shall also be considered as a commercial communications facility.
The science or technology of communications by electronic
transmission of impulses as by telegraph, cable, cellular, telephone,
radio, television, microwave, earth station broadcast/cable television
communications and other similar technology not otherwise enumerated
and as may evolve after enactment of this chapter.[8]
A special overlay district established to provide unique provisions for transit-orientated land development activity, economic development, zoning alternatives, aesthetics, and architectural appearance within close proximity to the Thorndale Station, as further defined and regulated under § 155-44 of this Code.
The temporary use and occupancy of a single-family detached
dwelling for the purpose of accommodating transient guests for rent.
Any structure that is used for the purpose of supporting
one or more antennae, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCFs.
[Added 11-20-2014 by Ord.
No. 2014-04]
Caln Township, Chester County, Pennsylvania.
The Caln Township Engineer.
A number of photovoltaic modules mounted such that they track
the movement of the sun across the sky to maximize energy production,
either with a single-axis or dual-axis mechanism.
[Added 9-12-2013 by Ord. No. 2013-06]
One or more lots assembled for the purposes of subdivision
or land development.
A commercial school carried on as a business, for the vocational
teaching and training of a trade or skill. This term shall not include
those uses defined as an automotive trade school.
[Added 10-30-2008 by Ord. No. 2008-9]
The temporary passing or crossing from one thing or person
to another, or from place to place, provided the passing or crossing
is temporary and not permanent.
An area of land, together with building, which can accommodate
the transfer of cargo and freight with trucks or other motor vehicles.
Area on a lot which is not within a building or a defined
setback or yard area.
[Added 9-12-2013 by Ord. No. 2013-06]
The specific purpose for which land, a sign, structure or
building is designed, arranged or intended, or for which it may be
occupied or maintained, or any activity, occupation, business or operation
which may be carried on thereon or therein. The term "permitted use"
or its equivalent shall not be deemed to include any nonconforming
use.
PERMANENT USEA permitted use conducted on a lot for more than one year, provided the permanent use complies with all provisions of the Code.
SEASONAL USEA permitted use conducted on a lot during certain defined segments of the year, provided the seasonal use complies with all provisions of the Code.
TEMPORARY USEA permitted use conducted on a lot for less than a one-year period of time, provided the temporary use complies with all provisions of the Code.
A service, facility, apparatus or use which provides electric,
telephone, cable, sewer, water, natural gas and similar utility services
to customers within a defined service area, grid, neighborhood region
or municipality.
COMMUNITY UTILITYA utility which is owned, operated or maintained by a public utility provider, municipality, municipal authority, homeowners' association or private agency for the purposes of providing sanitary sewage disposal, water supply, energy, telephone or other utility services within a defined service area.
PRIVATE UTILITYA utility which is owned, operated or maintained by a private or independent utility provider for the purposes of providing sanitary sewage disposal, water supply, energy, telephone or other utility services within a defined service area.
PUBLIC UTILITYA utility which is owned, operated or maintained by a public utility provider for the purposes of providing sanitary sewage disposal, water supply, energy, telephone or other utility services within a defined service area.
Relief granted by the Zoning Hearing Board from the terms
and conditions of this chapter where literal enforcement would create
unnecessary hardship and when granting of the relief would not be
contrary to the public interest.
Any motor vehicle utilized for any lawful use which is properly
licensed and inspected in accordance with all local, state and federal
laws.
Those areas which have a range of slope 20% or greater in
predevelopment condition.
[Added 9-29-2005 by Ord. No. 2005-12]
A professional use operated by a doctor of veterinary medicine
used for the diagnosis, care and treatment of small domesticated animals,
including dogs, cats, reptiles and birds, which may include the provision
for a medical laboratory, operating theater and overnight boarding
accommodations.
A use which provides facilities or locations where persons
assemble for the purpose of any activity involving lawful gambling
or wagering, including, but not limited to, bingo, games of chance,
thoroughbred racing, harness racing or other lawful activities, games
and devices at which money or other valuable items may be played for,
stacked or betted upon in accordance with certain rules and regulations,
whereas, a reward, win or loss may occur as a result of the activity.
All such wagering or gambling establishments shall comply with all
pertinent operational requirements and laws of Caln Township and the
Commonwealth of Pennsylvania.
A building or group of buildings primarily utilized for storage,
transfer, loading and unloading of certain products or commodities,
but shall not include retail uses or trucking establishment, unless
such use is specifically permitted in that district.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term “waste” shall also include and apply
to waste considered as either hazardous, contaminated, toxic, residual,
municipal or recyclable, as defined by the PA DEP and/or the Environmental
Protection Agency.
HAZARDOUS WASTEAny garbage, refuse, sludge and/or discarded materials, including, but not limited to, solid, liquid, semisolid, gaseous and biological materials resulting from municipal, agricultural, residential, commercial, industrial and institutional uses, which because of its quantity, concentration, physical, chemical or infectious characteristics may cause a threat to the health, safety or general welfare of the community.
MUNICIPAL SOLID WASTEThe nonseparated and/or unprocessed combination of residential and commercial solid waste materials generated in a municipality.
A system designed to transmit water from the source to users
in compliance with the requirements of the appropriate state agencies
and the Township.
ON-LOT WATER SUPPLY SYSTEMA water supply system which transmits water from a source on the lot to one dwelling, principal use or lot.
COMMUNITY WATER SUPPLY SYSTEMA temporary water supply system which transmits from a common source to more than one dwelling, principal use and/or lot within a single neighborhood. A community water supply system may be permitted on a temporary basis for developments which are to be permanently serviced by a public water supply system.
PUBLIC or MUNICIPAL WATER SUPPLY SYSTEMA system of water collection, storage, transmission and delivery which are to service a community, but not confined to a neighborhood.
OPTIONAL SYSTEM REQUIREMENTA special or unique use of land which, because of its water supply needs, may have the option to utilize on-lot water supply methods or connect to a private, community, public or municipal water supply system. The selected method for water supply shall be consistent with the Caln Township Act 537 Plan.
A permanent or intermittent stream, river, brook, run, channel,
swale, pond, lake or other body of surface water carrying or holding
water, whether natural or artificial.
The total land area where water drains into a particular
watercourse.
A structure owned and operated by a company which is regulated
by the Pennsylvania Public Utility Commission that is used to store
water.
Those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs and similar areas. The major
characteristics of wetlands include vegetation, soil and hydrology.
A conservation overlay of land and water which include areas of wetlands, hydric soils and high water table soils with hydric components, as further defined and regulated under § 155-35 of this Code.
Sales that primarily involve large transactions of commodities
to other business and their agents and not to the general public.
A machine that is worked by the wind by means of vanes that
radiate from a central shaft which is used to produce energy or perform
work.
The clear cutting of mature trees (six inches or more in
caliper) to provide area for development on an individual lot.
A conservation overlay of woodlands and forested areas, which are further defined, categorized and regulated under § 155-37 of the Code.
An area of land in which one or more contiguous acres are
mostly occupied or covered by mature trees (six inches in caliper).
The area of the woodlands shall be measured from the dripline of the
outer trees.
An open space on the same lot with a structure (or a group
of structures) which lies between the structure (or a group of structures)
and a lot line and which is unoccupied and unobstructed from the ground
upward except as herein permitted.
FRONT YARDA yard extending the full width of the lot between a structure and the front lot line. On lots abutting more than one public street other than an alley, the front yard requirement shall apply fronting each public street.
REAR YARDA yard extending the full width of the lot between a structure and a rear lot line.
SIDE YARDA yard extending from the front yard to the rear yard between a structure and the nearest side lot line.
Division of all of the land of an entire political subdivision
into districts having different regulations pertaining to use of land;
height, area, bulk and use of buildings; yard requirements; and in
some states density of population. Zoning is affected by local ordinance
under the police power of the state granted by specific legislation
generally termed an "enabling act."
The Caln Township Zoning Hearing Board, as established by
the Board of Commissioners to hear matters in accordance with this
chapter.
The Caln Township Zoning Map.
The agent or official designated by the governing body to
administer and enforce this chapter.
The Caln Township Zoning Ordinance of 2005, Chapter 155 of the Caln Township Code, as amended.
[1]
Editor's Note: Former 68 P.S. § § 700.101
through 700.805, the Pennsylvania Unit Property Act, was repealed
7-2-1980, P.L. 286, No. 82. See now 68 Pa. C.S.A. § 3101
et seq., the Pennsylvania Uniform Condominium Act.
[2]
Editor's Note: The former definition of “floodplain overlay district,” comprised of the subdefinitions “base flood or regulatory flood,” “floodplain,” “flood hazard district,” “flood hazard map,” “flood insurance study,” “one-hundred-year floodplain,” “floodway” and “floodway fringe,” which immediately followed this definition, was repealed 7-13-2017 by Ord. No. 2017-02. See now § 155-131, Floodplain regulations.
[3]
Editor's Note: The former definition of "massage parlor or
therapeutically massage facility," which immediately followed this
definition, was repealed 11-29-2018 by Ord. No. 2018-10.
[4]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[5]
Editor's Note: The former definition of "mixed-use commercial
and residential uses," which immediately followed this definition,
was repealed 10-10-2013 by Ord. No. 2013-07.
[7]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[8]
Editor's Note: The former definitions of "therapeutic massage"
and "therapeutic spa or hot tub," which immediately followed this
definition, were repealed 11-29-2018 by Ord. No. 2018-10.
